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Placement Fee Agreement Template for South Africa

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Key Requirements PROMPT example:

Placement Fee Agreement

"I need a Placement Fee Agreement for my recruitment agency to work exclusively with a technology company in Cape Town, focusing on senior executive placements with fees ranging from 20-25% of annual salary, starting from January 2025."

Document background
The Placement Fee Agreement is a crucial document used in South African business relationships between recruitment agencies and companies seeking to hire employees through professional recruitment services. This agreement is essential when a company wants to engage a recruitment agency to source, screen, and present candidates for employment positions. The document comprehensively covers fee structures, service terms, and compliance with South African employment laws, particularly the Employment Services Act 4 of 2014. It provides protection for both parties by clearly defining successful placements, payment obligations, guarantee periods, and replacement provisions. The agreement becomes particularly important in the context of South Africa's complex labor market and regulatory environment, where clear terms of engagement between recruitment agencies and their clients are essential for successful placements.
Suggested Sections

1. Parties: Identifies the recruitment agency and the client company, including their full legal names, registration numbers, and physical addresses

2. Background: Sets out the context of the agreement - that the agency provides recruitment services and the client wishes to engage these services

3. Definitions: Defines key terms used throughout the agreement, including 'Candidate', 'Placement', 'Placement Fee', 'Successful Placement'

4. Scope of Services: Details the recruitment and placement services to be provided by the agency

5. Agency Obligations: Specifies the agency's responsibilities, including candidate screening, presentation of candidates, and compliance with employment laws

6. Client Obligations: Outlines the client's responsibilities, including providing accurate job specifications and timely feedback

7. Fee Structure: Details the placement fee calculation method, payment terms, and conditions

8. Payment Terms: Specifies payment timeframes, invoicing process, and late payment consequences

9. Guarantee Period: Defines the period during which replacement candidates may be provided if initial placement fails

10. Confidentiality: Addresses the handling of confidential information between parties

11. Term and Termination: Specifies the duration of the agreement and termination provisions

12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Exclusivity: Used when the agency is granted exclusive rights for certain positions or during specific periods

2. International Placements: Include when the agreement covers recruitment from or to other countries

3. Volume Discounts: Added when special fee arrangements apply for multiple placements

4. Temporary to Permanent Conversion: Include when temporary placements may convert to permanent positions

5. Direct Hire Provisions: Used when client may hire candidates directly outside the placement process

6. Specialized Industry Requirements: Include for industries with specific regulatory requirements (e.g., financial services, mining)

Suggested Schedules

1. Schedule A - Fee Structure: Detailed breakdown of placement fees, including percentages for different position levels and any sliding scales

2. Schedule B - Position Types: List of position categories and their corresponding fee tiers

3. Schedule C - Service Level Agreement: Specific metrics and timeframes for the recruitment process

4. Appendix 1 - Required Candidate Information: Template for minimum candidate information to be provided

5. Appendix 2 - Client Briefing Form: Standard form for clients to specify their recruitment requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























Clauses






























Relevant Industries

Professional Services

Financial Services

Manufacturing

Mining

Technology

Retail

Healthcare

Construction

Education

Telecommunications

Agriculture

Energy

Transport and Logistics

Hospitality

Relevant Teams

Human Resources

Legal

Finance

Procurement

Operations

Compliance

Executive Leadership

Talent Acquisition

Administration

Relevant Roles

Human Resources Director

Recruitment Manager

Legal Counsel

Chief Financial Officer

HR Business Partner

Talent Acquisition Specialist

Procurement Manager

Operations Director

Managing Director

Finance Manager

Compliance Officer

Business Development Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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